On March 31, 2017, at around 21:05, the Defendant driven B K5 vehicle while under the influence of alcohol content of about 0.051% at a section of about 500 meters from around the commercial influent restaurant in the Daegu Northern-gu, Daegu-gu, to the front day of the sanitary laboratory for North Korean animals in the same Dong.

2. Although there are differences in individual decisions, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking did not reach the highest level and then reduced by 0.08% to 0.03% per hour (average approximately 0.015%) (see, e.g., Supreme Court Decision 2013Do8640, Nov. 28, 2013). Meanwhile, as to whether the blood alcohol concentration among blood alcohol after drinking has reached the highest level of alcohol content, there is no yet notification by research or investigation until it reaches the highest level of alcohol, and it is difficult to calculate the increase value on the ground that there is no data related thereto.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant’s final drinking time is around 20:25 on March 31, 2017; the Defendant’s final drinking time is over 21:05 on the same day; and the respiratory measurement was conducted around 21:2 on the same day; thus, it cannot be ruled out the possibility of a rise in the Plaintiff’s alcohol level between the driving time and the respiratory measurement time cannot be determined at the point where it is difficult to determine whether the alcohol level was increased or at the summer time; ② the Defendant’s respiratory measurement against the Defendant is beyond 0.05%, which is the standard values for punishing drinking after the respiratory measurement; ② the Defendant’s respiratory measurement was conducted at 0.05% on the level of 05%, which is the maximum amount of punishment for drinking (a.g., ASEAN Trade Co., Ltd.